Colliers International (NSW) Pty Ltd v Ziani Corporation Pty Ltd and Anor [2006] NSWDC 65

New South Wales District Court

CITATION: Colliers International (NSW) Pty Ltd v Ziani Corporation Pty Ltd and Anor [2006] NSWDC 65

HEARING DATE(S): 17/07/2006-20/07/2006 EX TEMPORE JUDGMENT DATE : 07/20/2006

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Verdict and Judgment for the plaintiff against the first defendant; Verdict and Judgment for the second defendant against the plaintiff; Plaintiff to pay defendants' costs of these proceedings

CATCHWORDS: Real estate agent's commission - Whether earned - Whether plaintiff "introduced" tenant to landlord

Trade Practices Act 1974 (Cth) LEGISLATION CITED: Institute of Sport Act 1995 Civil Procedure Act 2005

Big Brother Movement Ltd v Richard Stanton & Sons Pty Ltd [1988] NSW Conveyancing Reports 55-434 CASES CITED: LJ Hooker Ltd v WJ Adams States Pty Ltd (1977) 138 CLR 52 Moneywood v Salamon Nominees Pty Ltd (2001) 202 CLR 351 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387

Colliers International (NSW) Pty Ltd (Plaintiff) PARTIES: Ziani Corporation Pty Ltd (1st Defendant) Raymond John Jones (2nd Defendant)

FILE NUMBER(S): 1442/05

COUNSEL: Mr J. Stoljar (Plaintiff) Mr N. Kidd (Defendant)

JUDGMENT

1 HIS HONOUR: The plaintiff, Colliers International NSW) Pty Limited was formerly known as Colliers Jardine (NSW) Pty Limited. However, at times stationery has been used indicating that its name, or its holding company's, may have been Colliers International Holdings (Australia) Limited. Nothing turns on the description of the plaintiff company. I shall refer to it merely as Colliers or the plaintiff.